UNION OF INDIA (UOI) Vs. MOHAN SINGH

JUDGEMENT

(1.) This regular first appeal is directed against the judgment and decree of the Subordinate Judge, 1st Class, Delhi, dated the 30th of October, 1954.

(2.) The facts of this case need not detain us for very long since the two short questions that we have been called upon to decide are the validity of variation in rates provided in the contract between Mohan Singh and the Government of India, dated the 1st November, 1941 and In case the variation is not valid whether the Plaintiff -Respondent is entitled to base his claim on a quantum meruit. The Plaintiff -Respondent filed a suit for recovery of Rs. 1,66,904 -15 -0 against the Union of India on the basis of an agreement for the lease of Government Workshop at Barakhamba, New Delhi, for a period of three years commencing from the 1st October, 1941 (Exhibit D 1). Under the said agreement the Government had to purchase their requirement of the articles specified in schedule annexed to the said agreement. ,It is not disputed that the amounts due to the Plaintiff -Respondent under the said agreement have been paid and the present claim is based art the order, dated 22nd/28th of May, 1947 by the Chief Engineer sanctioning an increase of 184 per cent in the rates with effect from the 1st of April, 1942. The Plaintiff -Respondent claimed that immediately after the work was commenced there was a tremendous increase in prices due to the entry of Japan in War and therefore he started making representations to the Government for increase of rates by 200 per cent. As his own witness (P.W. 8) he stated that from March, 1942 onwards he made several representations to the Government for increase of rates by 200 per cent and in July, 1942, he made a written representations to the Superintending Engineer, Provincial Division, C.P.W.D. It is relevant to refer to the said written representation which is Exhibit P. 12. In the said representation the Plaintiff Respondent pointed out that due to Anglo -Japanese War the rates had gone up considerably but yet he executed the works nearly 20 times more when compared with the out -r going agency in similar period. He also pointed, out the various difficulties in carrying out the works. To quote his own words after having done all this hard work I find that I have undergone a very heavy loss and am unable to bear any further blow due to the circumstances beyond my control, a few of which are mentioned below for your information:

(3.) In the end he inter alia requested for increase in rates by at least 200 per cent with effect from 1st February, 1942, and increase in period of lease to 10 years.